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AIIMS questioned for disobeying court order
Published on 8 Mar. 2011 12:10 AM IST
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: The Delhi High Court Monday issued notices for contempt of court to the additional director general, health and the All India Institute of Medical Sciences (AIIMS) for denying an MBBS doctor admission in a masters course despite the court's order last week.Chief Justice Dipak Misra and Justice Sanjeev Khanna said: "Why have you not allowed the child to take admission even after this court has directed on March 4 to allot a seat? You have committed contempt of this court order."
"Issue notice to additional director general, health, central government and AIIMS. They will have to file their reply by March 15, with a clarification on which ground he was denied admission twice," said the court.
Varun Aggarwal, also denied a seat last year due to a change in the prospectus just before the counselling date, had approached the court, which Friday directed AIIMS to allot him a seat in a masters course.
"The AIIMS authorities will have to allot a seat to Varun Aggarwal in PG course in the general category either in surgery, gynaecology or orthopaedics in the next academic session in July 2011," the bench said.
In his petition, Aggarwal alleged that the AIIMS authorities had failed to follow the existing procedure and changed the prospectus just ahead of the counselling date in June 2010. On that ground, he was not allowed to get admission in MS (surgery) despite holding 179th rank in the merit list.
The court said: "The AIIMS may have been conferred with the privilege of institutional preference, but that would not enable it to change the prospectus in the manner it has been done. Thus, the action of the AIIMS on this score is vitiated and we cannot give a stamp of approval to the action of the institution."
"The hopes and aspirations of the students, who came within the zone of merit, cannot be scuttled by changing the prospectus by way of introducing a corrigendum. By issuing a corrigendum, the scenario of results changed because further results were published and more candidates were called," the court observed.
"The conditions stipulated in the prospectus are guidelines for all concerned and everyone is required to follow the same in letter and spirit and not act in transgression," the court added
After the court direction, Aggarwal went for counselling on Saturday, but was again sent back and approached the bench on Monday.

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